Challenges of State in Formulating Policies for Biological Resources Associated Traditional Knowledge in the Indian Context

Authors

  • Chaithanya E P Department of Political Science, S N College, Nattika, Kerala – 680 566, India
  • Kavitha Chalakkal chalakkal Interuniversity Centre for IPR studies, Cochin University of Science and Technology, Kerala – 682 022, India

DOI:

https://doi.org/10.56042/jipr.v29i5.5775

Keywords:

Protection, Ownership, Traditional Knowledge, Biological Resources, India, IPR

Abstract

Over the centuries, communities have developed a close and unique connection with the lands and environments in
which they live. They have established distinct systems of knowledge, innovations and practices relating to the uses and
management of biological diversity on these lands and environment. Much of this knowledge forms an important
contribution to research and development, particularly in the areas such as pharmaceuticals, agricultural and cosmetic products.This increasing economic importance of biological resources and related knowledge to these resources has made the allocation of property rights as one of the most contentious issues in the discussions concerning biodiversity management. But this new allocation does not recognize any property rights of holders over their knowledge. As far India is concerned one of the mega biodiversity countries of the world and also concentrated with indigenous people too. But existing legal framework does not confer positive protection, to the rights of traditional knowledge holders in the protection of traditional knowledge. In this context, the paper is going to look into the potential challenges faced by the State in the formulation of a law for protection of TK in India.

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Published

2024-08-30

How to Cite

Challenges of State in Formulating Policies for Biological Resources Associated Traditional Knowledge in the Indian Context. (2024). Journal of Intellectual Property Rights (JIPR), 29(5), 365-374. https://doi.org/10.56042/jipr.v29i5.5775

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